State ex rel. Owen v. Rea

ORIGINAL PROCEEDING IN PROHIBITION

SHRUM, Judge.

PRELIMINARY ORDER IN PROHIBITION MADE ABSOLUTE

Dr. Lyle Owen (Relator) seeks a writ of prohibition (or alternatively, a writ of mandamus) to disqualify Respondent, the Honorable Peter H. Rea, from proceeding in a pending case in the probate division of Taney County. The underlying case concerns whether Relator needs a guardian and conservator. On February 28, 1996, this court issued a preliminary order in prohibition.

Initially, this court must decide whether, under the circumstances, Respondent had authority to prevent Relator’s private counsel…